There’s no law stating that you have to hire a Charleston DUI lawyer. If you’re arrested and charged with drinking and driving, you can certainly handle the matter yourself. The reason people hire lawyers is that they want someone by their side throughout the legal process. They want someone who knows the law and understands how to poke holes in the State’s case. Ideally, your attorney will convince the prosecutor to dismiss the charges against you.
If that isn’t possible, they may be able to get the charges reduced. Maybe they can get the charges reduced to reckless driving. It all depends on the facts of your case. Here, we’ll discuss the possibility of the charges against you being dropped. We’ll also explain why this isn’t always an option. The best thing to do if you have questions about this is to call and speak with one of our seasoned Charleston DUI lawyers.
Never Assume That Your Charges Will Be Dropped
One of the problems some DUI defendants have is that they assume their attorney can work miracles. You can trust that your Charleston DUI lawyer is going to do everything possible to get the charges reduced or dismissed. However, there are times when this isn’t possible. Negotiating the lowest possible sentence may be your best option.
For example, if your blood alcohol concentration (BAC) was .15, there’s little your Charleston DUI lawyer can do to get your charges dismissed. Of course, there’s always the chance that your attorney can prove the arrest was unlawful. Short of that, you’ll be fighting an uphill battle to get the charges against you cleared.
Your Charleston DUI Lawyer Will Negotiate with the Prosecutor from the Start
It’s no secret that one of the reasons you hire a Charleston DUI lawyer is because you’re praying they can get the charges against you dropped. Some clients assume that their attorney can use their personal relationships to get a good deal from the prosecutor. In the real world, it doesn’t work that way. No attorney is going to risk their career and reputation that way.
What they will do is reach out to the prosecutor and see if they’re willing to offer a plea deal. Perhaps they’ll reduce the charges to reckless driving if you agree to attend alcohol and drug awareness courses. Or they may agree to approve a provisional license while you wait for your suspension to run its course.
Your Charleston DUI lawyer is going to do their best to get you the lightest possible sentence. These negotiations will start from the moment you retain your lawyer all the way until your case is resolved.
You Could Negotiate a Plea Deal Up Until the Day of Trial
It’s a bit cliché to admit, but there are times when your Charleston DUI lawyer will settle your case on the eve of trial. There’s always the chance that the prosecutor will be willing to offer a better deal to avoid trial. Or new evidence may appear in the days and weeks leading up to trial.
Anything could happen that would inspire the state to consider a plea bargain. This could entail the charges being dropped. Or it may only involve a reduction in the charges. Since every case is unique, there’s no way to know for sure until your attorney meets with the prosecutor.
The Charges May Be Dropped Within a Few Days
When you’re first arrested, you’ll be booked in the county jail. You’ll be formally charged and will likely have to spend at least one night in jail. You can reach out to your Charleston DUI lawyer right away. Once you retain their services, they’ll work on getting the charges against you dropped.
They may see that the arrest was unlawful. Or the police report may indicate that your BAC was well below the .08 legal limit. If this is the case, there’s a chance your charges could be dropped with days or weeks of your arrest.
Don’t Waste Any Time in Retaining an Experienced Charleston DUI Lawyer
For most people, being arrested and charged with DUI is the worst thing that’s ever happened to them. One mistake could land you in jail for DUI. If that happens, then you should call and talk to an experienced Charleston DUI lawyer right away. Call from the jail if possible. If you can’t reach out office, then ask your family to do so on your behalf. The sooner you retain our services, the sooner we can start working on getting your case resolved.